Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 47 -- Bail - Non-intimation of grounds of arrest to relative of accused in writing - Arrest of applicant was made before date of judgment in Mihir Rajesh Shah case and grounds of arrest were intimated to applicant in writing and to his relative over phone - Mandate to furnish written grounds of arrest to arrestee as..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Setting aside - Court never fixed case for filing written statement and no opportunity was granted to defendant to file written statement nor right to file written statement was closed by Court prior to case proceeded ex parte - Even if defendant or..........
Notification -- Once legislature has prescribed the specified mode of promulgation, executive cannot introduce an alternative mode and attribute legal consequences to it - A Notification cannot operate in a fragmented manner - It is born only upon publication in Official Gazette and it is from that date alone that rights may be curtailed or obligations imposed...........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Petition filed within one year of marriage - Marriage has never been consummated - Parties have lived separately since inception, reside in different countries and there is no material to indicate any possibility of resumption of matrimonial life - Insisting upon adherence to statutory period of one..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding an application U.O.7.R.11 CPC, Court is required to confine itself to averments contained in plaint or petition and to examine whether on the date of its presentation, it disclosed a cause of action and was maintainable in law...........
Agreement to sell -- Prohibition of transfer on vendor - Suit property was gifted by Gram Panchayat to vendor/predecessor in interest of defendants with a condition of not to alienate property for a period of 20 years - After expiry of 20 years of gift deed vendor became eligible to transfer property - Even otherwise, if vendor is held to be ineligible to transfer..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor child - Wife had no independent source of income and is largely dependent upon support from her parents - Having regard to overall facts and circumstances of the case, absence of direct proof of fixed monthly earnings beyond contractual engagement and fact that husband is also maintaining..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff failed to prove his readiness and willingness - He not able to demonstrate that he had necessary financial wherewithal to make balance payment of Rs.5.21 crores on due date - In addition to that, he did not even visit office of Sub-Registrar on said date - Even, defendants too did not fulfil their..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Determination of income of husband - Husband has not filed his complete bank account statements and has produced statements only for a limited period - Income of husband must be assessed on the basis of minimum wages - He is residing and working in UP - At the relevant time, minimum wages applicable to a..........
Agreement to sell -- Specific performance - Ready and willing - Agreement to sell for Rs.6.11 crores out of which 90 lakhs paid as earnest money - Plaintiff failed to prove his readiness and willingness - He had not been able to demonstrate that he had necessary financial wherewithal to make balance payment of Rs.5.21 crores on due date - Plaintiff did not even visit..........
